2006 New York Code - Formulation, Filing And Adoption Of Action Plan; Amendments.

 
    §  1305.  Formulation, filing and adoption of action plan; amendments.
  The authority shall formulate an action plan for  transportation  within
  the  district.  In  formulating  such  action  plan, the authority shall
  consult and  cooperate  with  the  commissioner,  the  capital  district
  regional planning commission and the planning authorities in the area of
  its   operations,   and   shall   utilize   state,   local  or  regional
  transportation planning. The authority shall request  and  use  existing
  studies,  plans, surveys, data and other materials completed by or under
  development by any state agency or municipality or political subdivision
  of the state. The authority shall file copies  of  such  plan  with  the
  commissioner,  the  capital  district  regional planning commission, the
  legislatures of the counties  of  Albany,  Schenectady,  Rensselaer  and
  Saratoga,  and  with the legislative body of any other county within the
  district affected by such plan,  as  hereinafter  stated,  except  where
  applications for state or federal aid have been filed for any particular
  transportation  undertaking  prior to the enactment of this legislation.
  The plan shall contain information regarding the  transportation  system
  that  the  authority  intends to provide including information regarding
  the  facilities  connected  therewith,  the   services   the   authority
  contemplates  providing  and the estimated costs and the proposed method
  of financing. During sixty days after the filing of the action plan with
  the commissioner, the capital district regional planning commission  and
  with  the  legislative bodies as aforesaid, said plan shall be available
  for public inspection at the office or offices of the authority  and  at
  such  other  places  in  the areas affected, within the district, as the
  authority may designate. Not earlier than thirty days after  the  filing
  of said action plan with the commissioner, the capital district regional
  planning  commission  and  such  legislative bodies, a public hearing on
  said plan shall be held by the authority. Notice of such a hearing shall
  be given to the commissioner, the  capital  district  regional  planning
  commission,  and  the legislative bodies as aforesaid and by publication
  once a week for two weeks prior to the said  hearing  at  the  time  and
  place fixed by the authority in newspapers of general circulation within
  the   areas  affected,  to  be  selected  by  the  authority.  The  last
  publication date shall not be less than five days before  said  hearing.
  Within  thirty  days  following said public hearing, the authority shall
  provide a transcript of such hearing to the  commissioner,  the  capital
  district  regional  planning  commission  and  the legislative bodies as
  aforesaid, together with any amendments the authority may propose to the
  action plan. The authority shall request approval of  the  action  plan,
  including  such  amendments  as  the  authority  may  propose,  from the
  commissioner and the aforementioned legislative bodies. Any part of said
  plan which is  disapproved  by  a  county  because  it  alters  existing
  services  or  the  financing thereof within said county shall not become
  operative. The commissioner may disapprove any part of said plan  if  he
  finds  that it conflicts with a state-wide comprehensive master plan for
  transportation or the capital district transportation plan  or,  in  the
  absence  of  such  plans,  would  have  an  adverse  effect  upon  sound
  transportation development policy and planning. Any part of such plan so
  disapproved by the commissioner shall not become operative.  Disapproval
  of part or parts of the plan shall not make the entire plan inoperative.
  If  any  of  such legislative bodies fail to act within sixty days or in
  the case of the  commissioner  within  ninety  days  after  approval  is
  requested,  said failure shall be deemed approval, and the authority may
  adopt the action plan by a majority  vote  of  its  membership  and  may
  include  changes,  if  any,  recommended  by said commissioner, planning
  commission or said legislative bodies.
    The action plan may be amended from time to time in  the  same  manner
  using  the  procedures outlined herein for the original adoption, except
  that a proposed amendment which is recommended by the  legislative  body
  or  bodies  of  all  the  counties  affected thereby and approved by the
  commissioner  may  be  embodied  or  continued by a majority vote of the
  authority without  additional  hearings  thereon  as  required  for  the
  amendments proposed to be made.